Constitutional Court of Romania (CCR) President Marian Enache ruled out the possibility of resuming the second round of the presidential election and points out that requests for the revision of the December ruling are outside the procedural framework.
In an interview with Juridice.ro, Marian Enache was asked if the December decision that annulled the presidential elections could be revised.
„Decisions of the Constitutional Court are final and generally binding, and as I mentioned earlier, ‘requests for revision’ of these decisions are made outside the procedural framework and, as a result, they cannot form the basis for jurisdictional files. Their legal regime is similar to petitions, and they have been resolved within this legal framework,” says Enache.
In this context, Marian Enache was asked whether an erratum could be issued for the resumption of the second round of the presidential election.
„Out of the question. An erratum aims only to correct a material error within a decision and does not change or modify the resolution pronounced by a jurisdictional authority. Supporting the possibility of such an erratum is a gross error and an intoxication of the voters,” explains Enache.
Regarding the evidence used to annul the elections, Enache says that the Constitutional Court does not verify the evidence submitted by the state authorities or those who file complaints, but ensures that the electoral process was carried out within the legal and constitutional parameters.
„It is not about administering evidence in the common law sense where the Constitutional Court would hear or listen to individuals, but rather about verifying the correctness of the various segments of the procedure for electing the President of Romania by the authorities and public institutions responsible for ensuring the correctness of the electoral process. As such, the Constitutional Court utilizes the results of the efforts made by state institutions with the competence to provide conclusions regarding violations of the electoral rules. In other words, the Court does not directly and immediately verify the evidence submitted by the complainant but instructs state authorities to provide the necessary information to ensure that the electoral process was carried out within legal and constitutional parameters. Based on the documents available at state institutions, the Court will evaluate them and, as a result, will either invalidate or confirm the election results,” Enache says.
Another topic addressed in the interview concerns the statements made by U.S. Vice President J.D. Vance, who said that the elections in Romania were annulled „based on the fragile suspicions of an intelligence agency and under immense pressure from its continental neighbors.”
Marian Enache believes that J.D. Vance’s message is addressed to the entire European society.
„I paraphrase from the speech of the U.S. Vice President. He essentially says that the annulment of the electoral process was the consequence of a weak democratic society and does not say that, in pronouncing such a decision, the Constitutional Court of Romania would have overstepped its competences. I perceive this message as one directed to the entire European society, in which it is recognized that democracy and the rule of law must be strengthened to protect citizens and the fundamental values shared internationally,” he noted.
In this context, the president of the Constitutional Court adds, „The correctness and transparency of elections are central values of democratic voting, to which the state, the voters, and the candidates must all contribute.”
AGERPRES